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Deposit Dispute mainly due to no communication

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684 views 1 replies latest reply: 18 June 2015

Hi guys, 

Our tenancy agreement ended on a rental property 30/5/2015. We actually moved out 18/5 to give us time to make sure the house was left clean and tidy as the house was a small 3 bed semi with four children and two adults in.

I hadn’t applied for the deposit back as I was aware that one of the ladies I prefered to deal with was away, and was going to contact them when she returned. (today)

I received a credit into my account for £652 yesterday which is £98 short of the £750 we should’ve received.

I had received no communication from the agent after handing the keys back on 30/5 to discuss or inform us of any deductions. Can they do this?

secondly, they have said that there was some fluff on the floor and a small mark on the carpet so have charged £40 which isn’t a full clean as the rest of the house was clean. (we actually steam cleaned the carpets before we left and don’t recall any marks although are we allowed allowances for wear and tear?)

They haven’t stated how much, but have said also the garden wasn’t as it was when we moved it, it needed tidying. There were a few smal weeds that I’d killed with weedol, but wasn’t able to dig up the front garden as there was a membrane preventing us from doing so. They have also said that there was cardboard in the back garden. There wasn’t when we left and due to the side fence missing since it blew down a few months back and not being replaced there’s a good chance any cardboard could’ve blown in.

Does their explanation warrant the remaining £58 to “tidy” the garden?!

I don’t have pictures of what the garden looked like when I moved in unfortunately.

Have they breached anything due to not contacting me before just sending money back to me with deductions?

They have apologised for the lack of communication and offered £20 back as a goodwill gesture which would take the garden “tidy” to £38.

For me it was just the whole way they went about things, and I am not sure whether to dispute or not based on them not following the correct procedures.

I hope this all makes sense!?

any advice would be appreciated.



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Hi Jodi

No, they’re not allowed to do this – deductions are meant to be agreed between the landlord and the tenant before they are made. That deposit remains your money until you agree to the deduction or until the landlord proves the right to hold on to some of it. 

Find out which deposit protection scheme held your deposit and then go through their disputes procedure – this simply means raising a disputes query with them. The landlord will then have to provide evidence of the right to keep that cash and the scheme will decide whether they are entitled to or not.

The deposit is only for damage and not for wear and tear – fluff and a small mark on the carpet would I imagine come under the category of wear and tear. However, you can get the deposit protection scheme to point this out to the landlord.

I think most schemes have time limits for raising a dispute so I would do it quickly.


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